Dismayed over the delay in appointing HIV and AIDS Ombudsman in the state, the Network of Nagaland NGOs on Drugs and AIDS Organisation (NNagaDAO) and Network of Naga People Living with HIV and AIDS (NNP+) have filed a public interest litigation (PIL) against the state government at the Gauhati High Court, Kohima bench seeking justice as per the HIV and AIDS Act and its rules.
In a press release, NNagaDAO president Abou Mere and NNP+ president Lanu Aier said that the state government was duty bound and had legal obligations to appoint an HIV and AIDS Ombudsman within 180 days from the commencement (notified) of the Nagaland Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) (Ombudsman and Legal Proceeding) Rule 2019. However, the two stated that deadline for appointing the said Ombudsman was already completed and long overdue.
Stating that the state government was “fully aware” of the situation and the parameters of the said rules, the NNagaDAO and NNP+ said that the state government must, therefore, not ignore, dilute or deviate from the “Nagaland State HIV Rules”.
The two said that delay in appointing the HIV and AIDS Ombudsman and “trying to seek solutions” on own convenience and favour by state government was not acceptable.
Further, the two bodies said that if the PDA government was committed to equal justice, then it should not suppress the needs and rights of the marginalised people.
They said that government must protect the right of every citizen regardless of wealth, race and status, and respect human rights and the law of the land.
NNagaDAO and NNP+ also urged the PDA government to ensure that everything was done in accordance with the rules and procedure of “Nagaland State HIV and AIDS (Ombudsman and legal proceeding) Rules 2019” notified by the Governor of Nagaland dated March 3, 2020.
It also asked the government to appoint the HIV & AIDS ombudsman, who can be independent, objective, neutral and committed to provide appropriate solutions, with an open advertisement.
Reminding that the standard of living of its people and the improvement of public health were among primary duties of the state, the two has, therefore, urged the state government to fulfil its obligations to protect and safeguard the fundamental rights of its citizens and especially the protected persons under the HIV and AIDS (Prevention and Control) Act and Rules.